Marbury vs Madison 1803
The ruling of the trial
Chief Justice John Marshall knew that even if the Court ordered Madison to deliver the commission, the president would tell Madison to ignore it. This potentially threatened the distribution of power among the branches of government and could have made the Court look weak.
The issue of Judicial review
Courts continue to decide whether policies from the executive and legislative branches are constitutional or unconstitutional.
Decision Made for District Columbia
District of Columbia could not prohibit law-abiding citizens from keeping a handgun in their homes for self-protection.
Marshall's Solution
He concluded that the section of the Judiciary Act used by Marbury to bring his case to the Court conflicted with the Constitution. The Court unanimously ruled that although Madison should have delivered the commission, it would not order him to do so.
Do you agree with Jefferson that it is dangerous for judges to determine the constitutionality of Congress's laws? Explain your reasoning.
It would only be considered dangerous if a person did not have any evidence to support their answer. However, if they said it the wrong way, they could be tried
What did Jefferson do after he took office
Jefferson ordered the Secretary of State, James Madison, not to deliver the commissions to these "midnight justices."
How did a case about a Federalist judge's commission lead the Supreme Court to assert new powers?
Marbury Vs. Madison is the case in which the supreme court first asserted the power of Judicial review in finding that the congressional statue expanding the Court's original jurisdiction was unconstitutional. Judicial Review is the power of federal courts to void acts of Congress in conflict with the Constitution. The Supreme Court declared something unconstitutional for the 1st time. The decision is important because it made the Supreme Court a discrete branch of government on par with executive and Congress.
Who was the person Jefferson testified against
William Marbury
A section of the Judiciary Act of 1789
declared that the Supreme Court could hear some suits directly, not on appeal [application from a lower court to a higher court to reverse a decision].
Jefferson took office
he found that the commissions had not yet been delivered.
Explain why the power of judicial review is an important part of the system of checks and balances.
Because the power of judicial review can declare that laws and actions of local, state, or national government are invalid if they conflict with the Constitution. It also gives courts the power to declare an action of the executive or legislative branch to be unconstitutional.
What role do you think an independent judiciary, separate from the legislative and executive branches, plays in a constitutional democracy?
Far from a threat to popular will, a separate judicial branch was designed to guarantee democratic freedoms by preventing the concentration of power in government. It plays a vital role in maintaining the delicate balance between the separated powers. As Alexander Hamilton explained in "Federalist 78," one of a series of newspaper editorials written in support of the proposed Constitution in 1788: "[T]he judiciary, from the nature of its functions, will always be the least dangerous branch....The judiciary...has no influence over either the sword or the purse; no direction either of the strength or the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither Force nor Will but merely judgment...."
How did the Constitution establish its power
In doing so, it had in effect left in place President Jefferson's refusal to deliver Marbury's commission. However, Jefferson's short-term success pales in comparison to John Marshall's triumph
Chief Justice John Marshall Opinion
So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the Court must either decide that case conformably [corresponds] to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the Court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty."
What happened in the trial?
The government argued that Marbury's commission was not legal because it had not been delivered on time. The government did not think the Court had the power to order Madison to deliver the commission.
What happened in the 1800's elections
Thomas Jefferson and the Democratic-Republicans won the presidency and took control of Congress.
What happened on March 3rd, 1801
outgoing President John Adams, a Federalist, signed a number of commissions, or certificates, appointing party members to new judgeships.
How did the Federalists try to regain power?
the Federalists tried to pack the federal courts with loyal party members.
District of Columbia v. Heller (2008)
the Supreme Court voted 5-4 to strike down a ban on handguns in Washington, D.C. The case hinged on whether the Second Amendment gives law-abiding citizens the constitutional right to own a handgun.
Judicial review
the power to determine the constitutionality of a law.
What was the Judiciary Act of 1789 used for?
to sue Madison before the Supreme Court, arguing that because his commission had been signed when Adams was still president, it was legal and should be delivered by Madison.
